Im.  Legis.    )  H.  R.  <  11th  Assem. 


REPORT 


THE  SELECT  COMIVTITTEE 


PROPOSED    CHANGE    OF   THE  SOUTHERN  TERMINATION 


THE  CENTRAL  RAILROAD; 


SUBMITTED 


TO  THE  HOUSE  OF  REPRESENTATIVES, 


JANUARY  28,  1839. 


VANDALIA: 

William  Walters,  Public  Printw. 

1839. 


-    # 


SOUTHERN  TERMINATION  OF  THE  CENTRAL  RAILROAD. 


January  28,  1839. 
Read,  and  laid  on  the  table. 


Mr.  CopiiAND,    from  the  select   committee   to    which    the  subject  had 
been  referred,  made  the  following 

REPORT: 

The  select  committee  to  which  was  referred  the  petition  of  sundry  inhabit- 
ants of  this  State,  praying  for  an  alteration  in  the  southern  termination 
of  the  Central  railroad,  and  for  a  re-examination  and  locution  of  a 
route  for  the  same,  beg  leave  to  report :  \ 

That,  in  the  opinion  of  this  committee,  the  leading  object  of  the  sys- 
tem of  internal  improvements,  as  adopted  by  this  State,  was  to  increase 
the  facilities  for  the  transportation  of  all  the  products  of  the  interior  to 
such  points  on  the  navigable  waters  of  the  State  as  should  afford  either 
eligible  marts  for  their  sale  and  transfer,  or  proper  facilities  for  forwarding 
them  to  their  ultimate  market.  This  system,  the  expense  of  whicli  must 
be  boine  by  all,  should  be  carried  out,  honestly  and  faithfully,  for  the 
benefit  of  all  so  as  to  give,  at  the  least  expense,  the  greatest  amount  of 
public  accommodation ;  and  so  as  to  place,  as  nearly  as  practicable,  the 
producers  in  the  interior  on  an  equal  footing  with  those  bordering  upon 
navigable  waters. 

In  this  system  the  Central  railroad  is  first  in  importance.  It  com- 
mences within  a  few  miles  of  the  northern  boundary  of  the  State,  where 
the  severity  of  the  winter  months  obstructs  all  the  natural  avenues  to 
market,  and  terminates,  at  its  extreme  southern  border,  in  a  latitude  so 
mild  as  to  leave  all  commercial  facilities,  at  all  times,  in  vigorous  and  un- 
interrupted action. 

From  the  commencement  of  this  road,  at  Galena,  to  the  town  of  Van- 
dalia,  its  route  conforms  to  the  existing  interests  of  the  country;  and, 
without  regard  to  cheapness  of  construction  or  directness  of  line,  it  is 
made  to  turn  aside  to  accommodate  established  local  centres  of  trade  and 
intercourse.  From  Vandalia  to  the  site  of  the  city  of  Cairo,  near  the 
confluence  of  the  Ohio  and  Mississippi  rivers,  no  intermediate  point  is 
designated  by  law;  and,  by  the  requirements  of  the  internal  improvement 
act,  the  road  is  directed  to  be  constructed  on  the  most  direct  and  eligible 
route  between  those  two  points.  This  line,  if  a  direct  one,  would  pass 
eight  miles  west  of  Salem,  in  Marion  county;  eleven  west  of  Mount  Ver- 
non, in  Jefferson  county;  twelve  west  of  Frankfort,  in  Franklin  county; 
and  eleven  west  of  Vienna,  in  Johnson  county.     All  these  towns  are  seats 


of  justice  for  their  respective  counties,  and  these  counties  form  a  central 
tier,  dividing  the  State,  east  and  west  of  them,  into  two  equal  parts,  hav- 
ing an  equal  extent  of  territory,  and  an  equal  number  of  counties  on 
either  side. 

It  has  been  before  remarked  that,  on  all  other  parts  of  this  road,  and 
on  all  other  lines  of  road  within  this  State,  material  deviations  from  a 
straight  line  are  directed  to  be  made,  v/ith  the  view  of  accommodating  the 
improvements  of  the  country,  to  the  established  centres  of  population  and 
business  wdthin  the  interior.  In  pursuance  of  this  principle,  the  Alton 
and  Mount  Carmel  railroad,  in  the  section  of  country  now  "under  consid- 
eration, is  made  to  deviate,  many  miles,  from  the  most  direct  and  eligible 
route,  in  order  to  reach  the  towns  of  Albion,  Fairfield,  and  Carlyle ;  and 
the  Shawneetown  and  Alton  road  is  diverted  from  twelve  to  fifteen  miles 
from  its  true  course,  for  the  sole  purpose  of  reaching  Pinckneyville,  the 
seat  of  justice  for  Perry  county.  In  declining,  then,  to  fix  intermediate 
points  for  the  Cential  railroad,  between  its  southern  termination  and  the 
town  of  Vandalia,  it  is  presumed  the  Legislature  believed  a  direct  and 
eligible  route  between  those  points  could  be  had;  otherwise,  it  is  not  be- 
lieved by  this  committee  that  a  departure  from  the  principles  adopted  on 
all  other  routes,  doing  manifest  injustice  to  a  large  portion  of  the  State, 
would  have  been  sanctioned.  Whether  such  a  route  can  be  obtained,  or 
not,  this  committee  has  no  sufficient  means  of  ascertaining,  as  no  survey 
has  been  made  of  a  line  at  all  approximating  to  a  direct  one ;  but  your 
committee  has  ascertained  that  the  line  of  road,  as  at  present  located,  is 
very  circuitous,  and  deviates  further  from  a  direct  one  than  either  of  the 
intermediate  points  referred  to. 

Between  these  two  routes,  there  are  some  points  of  comparison  deserv- 
ing attention.  The  line,  as  located,  approaches  the  town  of  Jonesboro, 
in  Union  county;  where,  after  traversing  the  country  for  more  than  thirty- 
three  miles  from  its  southern  termination,  it  is  only  ten  miles  east  of  the 
Mississippi  and  more  than  forty  west  of  the  Ohio ;  while  the  town  of 
Vienna,  in  Johnson  county,  (a  point  in  the  proposed  line  nearly  opposite,) 
is  but  two  miles  east  of  midway  between  these  two  rivers;  and  the  town 
of  Frankfort,  in  Franklin  county,  (also  a  point  in  the  proposed  line.) 
exactly  divides  the  distance  between  them;  while  the  located  line  oppo- 
site the  town  of  Brownsville,  in  Jackson  county,  is  less  than  twenty-four 
miles  from  the  Mississippi,  and  more  than  sixty  from  the  Ohio;  and,  for 
twenty  miles,  the  route  of  the  located  line  is  but  a  few  miles  east  oi,  and 
nearly  parallel,  to  that  part  of  the  Shawneetown  and  Alton  railroad  be- 
tween the  towns  of  Pinckneyville  and  Nashville. 

Under  these  circumstances,  your  committee  cannot  perceive  any  suffi- 
cient reason  why  such  intermediate  towns,  between  Vandalia  and  the 
point  of  termination  of  the  Central  railroad,  as  can  be  reached  without 
serious  injury  to  the  capacity  of  the  road,  or  materially  increasing  its 
length,  should  not  be  subject  to  the  general  principles  of  the  system,  and 
be  made  points  in  the  route  of  this  improvement;  more  especially  are  they 
unable  to  see  sufficient  grounds  to  justify  their  exclusion,  without  examin- 
ation and  survey,  by  the  adoption  of  a  line  more  indirect  and  less  central 
than  the  one  under  consideration.  They  are,  also,  unable  to  appreciate 
a  policy  by  which  the  State  shall  expend  the  resources  of  the  whole  people 


ill  the  construction  of  an  improvement  Avluch,  for  more  than  one  hun- 
dred and  fifty  miles,  by  circuitous  ami  winding  ways,  avoids  all  the  estab- 
lished points  of  intercourse  of  the  country,  reaches  no  town,  and  connects 
with  no  depots  of  trade  and  business — when,  by  a  line  nearly  direct,  it 
would  assume  a  central  position,  and  pass  through  and  connect  the  seats 
of  justice  and  commercial  centres  of  iour  important  counties. 

The  attention  of  your  committc  has  also  been  given,  with  particular 
care,  to  the  section  of  country  in  which  the  road  is,  b\'  the  present  law, 
to  terminate.  They  find  that  the  whole  country  ai  the  confluence  of  the 
Ohio  and  Mississippi,  and  for  several  miles  above,  is  composed  of  an  allu- 
vial deposite  from  the  waters  of  these  streams,  and,  of  necessity,  easily 
alTected  by  their  action ;  and  that,  on  the  Mississippi  side,  the  violence  of 
that  stream  is  making  daily  and  rai)id  encroachments  upon  all  points  left 
unprotected  by  timber.  The  danger  from  this  source  is  so  great  as  to 
cause  the  engineer  of  the  road  to  express,  in  his  report,  the  apprehension 
that  its  ravages  will  extend  to  the  embankments  of  the  road.  In  addi- 
tion to  this,  the  whole  country  south  of  the  mouth  of  Cache  river  is  over- 
flowed, annually,  from  river  to  river.  The  height  of  these  floods  is  vari- 
ous, sometimes  covering  the  highest  ground  but  two  or  three  feet,  but 
occasionally  to  the  depth  of  eight  and  ten  feet. 

In  determining  the  capabilities  of  this  section  for  either  the  termination 
of  a  railroad  or  a  site  for  a  town,  there  is  neither  security  nor  prudence 
in  any  views  based  upon  an  average  height  of  waters.  The  maximum 
known  height  should  be  the  governing  consideration;  and  your  commit- 
tee accordingly  find  that  the  engineer  who  had  the  determination  of  the 
proper  elevation  of  the  road  has  prudently  fixed  it  from  ten  to  twelve  feet 
above  the  natural  surface  of  the  ground  at  its  terminus ;  and  which,  he 
says,  is  the  most  elevated  point  for  the  termination  of  the  road  within  the 
site  of  the  city  of  Cairo.  But  this  elevation,  though  necessary  for  secu- 
rity, involves  an  inconvenience  in  its  use,  which  will  cost  the  State,  in  the 
arrangement  of  its  depots  and  landings,  an  immense  amount  of  money  to 
remedy;  and  which  will  place  the  business  of  the  road  entirely  beyond 
the  ordinary  means  of  individual  enterprise. 

in  selecting  the  proper  point  for  the  southern  termination  of  this  im- 
provement, regard  should  be  had  to  the  following  considerations : 

1st.  That  it  should  be  accessible  at  all  seasons  of  the  year,  and  at  all 
stages  of  water,  to  all  classes  of  boats  that  are  capable  of  reaching  the 
mouth  of  the  Ohio. 

2d.  That  the  geological  formation  of  the  country  should  be  such  as  to 
insure  the  strongest  probability  that  it  will  not  be  subject  to  considerable 
change  from  ordinary  causes;  and  that  its  surface  should  be  so  elevated  as 
to  be  at  least  above  ordinary  high  water,  or  be  capable  of  being  conve- 
niently and  economically  made  so  by  artificial  means. 

3d.  That  the  surface  of  the  road  should  nearly  coincide  with  the  sur- 
face of  the  ground;  and  that  it  should  be  of  easy  access,  and  capable  of 
being  connected  with,  by  individuals,  by  depots  and  ware-houses,  at  mod- 
erate cost. 

4th.  That  the  grounds  adjacent  to  the  termination  of  the  road,  and 
the  country  in  its  immediate  vicinity,  should  have  as  few  natural  obstacles 
in  the  way  of  its  speedy  and  economical  settlement  and  improvement  as 
possible. 


6 

Your  committee  are  are  of  the  opinion  tliat  the  site  selected  for  the  ter- 
mination of  this  road  is  deficient  in  most  of  these  requisites; 
and  that  further  examination  should  be  had,  for  the  purpose  of 
ascertaining  whether  some  point  on  the  Ohio  river,  between  its 
mouth  and  the  Grand  Chain,  where  the  first  obstructions  in  that 
river  commence,  cannot  be  selected  presenting  greater  advantages 
than  the  present  point  of  termination.  Your  committee  would  not 
express  this  opinion  did  they  not  believe  that  such  examination  would 
clearly  prove  that  points  do  exist  on  the  Ohio,  between  the  Grand  Chain 
and  the  present  termination  of  the  road,  that  possess  every  requisite  enu- 
merated by  them  for  a  commercial  depot ;  and  by  the  adoption  of  which, 
at  least  six  miles  of  embankment,  varying  from  eight  feet  to  more  than 
twenty  in  height,  and  exposed  to  the  ravages  of  the  river  floods,  together 
with  an  expensive  bridge  over  Cache  river,  will  be  avoided:  and  that  the 
completion  of  the  improvement  will  be  expedited,  and  a  very  large 
amount  of  money  saved  to  the  State. 

It  appears,  from  the  report  of  the  Commissioner  of  the  third  judicial 
district,  that  the  amount  of  money  expended  upon  the  Central  railroad, 
within  that  district,  was,  at  the  time  of  making  that  report,  less  than  forty 
thousand  dollars.  This  sum  though  large  in  itself,  is  of  trifling  import- 
ance when  compared  with  the  additional  accommodation  given,  by  the 
proposed  change,  to  an  extensive  section  of  the  State;  and  is  altogether 
of  no  consideration  when  contrasted  with  the  diminished  cost  and 
increased  advantages  of  a  proper  termination  of  the  road. 

The  confidence  of  your  committee  in  the  views  here  presented  is 
strengthened  by  the  opinions  of  the  Board  of  Commissioners  of  Public 
Works,  as  expressed  in  their  recent  report  to  this  body;  in  which  they 
say  that  "it  is  believed  that,  in  every  instance,  the  lines  may  be  improved, 
locations  changed,  and  improvoments  made  in  the  construction,  that  may 
lessten  the  cost"  of  the  works. 

Your  committe,  in  conclusion,  report  that,  in  their  opinion,  the  prayer 
of  the  petitioners  is  just  and  reasonable;  and  beg  leave  to  introduce  a 
bill  directing  a  resurvey  and  location  of  all  that  part  of  the  Central  rail- 
road south  of  Vandalia. 

J.  COPLAND.  Chairman, 


REPORT  OF  THE  MINORITY. 


January  28,  1839. 

Read,  and  laid  on  the  table. 


Mr.  Murphy,  from  the  minority  of  the  select  committee  to  which  the 
subject  had  been  referred,  made  the  following 

REPORT: 

The  minority  of  tfie  select  committee  to  which  wis  referred  the  petition 
of  certain  inhabitants  of  this  State  praying  for  an  alteration  in  the 
southern  termination  of  the  Central  railroad^  and  for  a  re-examina- 
tion and  location  of  a  route  for  the  same,  report : 

That  the  undersigned  does  not  subscribe  to  the  doctrine,  industriously 
sought  to  be  propagated  by  interested  individuals,  that  great  and  impor- 
tant public  works,  determined  on  by  one  Legislature,  should  be  subject 
to  be  changed  by  a  succeeding  one,  except  under  circumstances  of 
imperious  necessity.  The  undersigned  will,  in  all  cases,  require  that 
proposed  changes  in  any  general  law  should  be  proved,  beyond  the 
possibility  of  cavil  or  doubt,  to  be  decidedly  more  beneficial  than  one 
solemnly  enacted,  under  which  (and  the  faith  of  the  State  pledged  therein) 
investments  of  capital  may  have  been  made  to  a  large  amount;  and  a 
change  in  which  might  eventuate  in  great  individual'  loss  and  embarrass- 
ment. It  is  a  high  and  important  object  in  legislation  to  preserve  the 
national  faith,  and  to  redeem,  to  the  letter,  all  promises  expressed  or 
implied  in  the  law  itself  This,  as  a  principle  of  legislative  action,  is  far 
more  worthy  of  preservation  than  the  treasures  of  a  nation.  The  princi- 
ple is  the  same  in  individual  transactions;  and  he  who  shall  violate  it, 
to  promote  any  end,  is  sure  to  meet  with  the  scorn  and  contempt 
of  every  honorable  mind.  Of  all  the  passions  which  exercise  the 
greatest  sway  over  man,  self-interest  is  probably  the  strongest,  the  most 
easily  excited,  the  most  insatiable,  and  the  promptings  of  which  should 
be  watched  with  the  greatest  jealousy.  They  who  are  actuated  by  it 
cannot  make  up  an  unbiassed  decision  upon  the  matter  in  issue  ;  nor  can 
a  mass  of  persons,  however  respectable  they  may  be,  having  strong  local 
interests — which  is  but  an  expansionof  self  interest — become  a  competent 
tribunal  to  decide  upon  the  propriety,  or  the  contrary,  of  a  public  measure 
materially  atfecting  those  interests.  Whatever  representations  persons 
thus  situated  may  make  should  be  received  with  many  grains  of  allow- 
ance; and  the  public  good  would  always  require  that  they  should  receive 
a  strict  and  searching  examination. 


8 

The  undersigned  is  led  to  these  remarks  from  the  fact  that  the  petition- 
ers who  have  thus  sought  to  disturb  a  system  which  has  received  the 
sanction  of  our  predecessors,  and  of  the  people  generally,  irom  their 
location,  must  be  presumed  to  have  personal  interests  which  they  believe 
will  be  promoted  by  the  changes  prayed  for — otherwise,  it  is  not  to  be 
supposed  that  they  would  make  the  effort.  So  far  as  they  are  directly 
concerned,  the  undersigned  believes  that  they  have  no  right  to  demand  of 
the  State  any  change  in  a  system  which  is  not  local  in  its  character,  and 
in  the  harmony  and  advantages  oi  which  the  whole  State  has  a  great 
and  abiding  interest.  He  does  not  believe  that  the  citizens  of  any  one 
of  the  counties  petitioning  have  such  an  interest  in  a  system  co-extensive 
with  the  entire  State  as  to  justify  any  change  for  their  exclusive  advan- 
tage and  convenience.  In  all  similar  cases,  it  would  be  just  to  require 
that  it  should  be  demonstrated  that  a  proposed  change  was  demanded  by 
great  public  considerations  affecting  the  interests  of  the  whole  State,  and 
not  those  small  local  interests  only  of  a  very  inconsiderable  part  of  it. 
The  undersigned  does  not  doubt  that  petitions  could  be  obtained,  and 
numerously  signed,  to  change  any  given  part  of  every  railroad  embraced 
in  our  system,  notwithstanding  experienced  and  competent  engineers, 
sworn  to  discharge  their  duties  honestly  and  faithfully,  should  determine, 
with  reference  to  the  great  interests  of  the  whole  State,  against  its 
propriety. 

Although  the  most  respectful  attention  should  at  all  times  be  given  to 
the  requests  of  our  citizens  conveyed  in  the  form  of  a  petition  or  other- 
wise, no  matter,  numerically  regarded,  how  inconsiderable  they  may  be; 
still,  when  legislative  action  is  desired,  and  great  and  important  changes 
are  insisted  on  by  them,  in  any  law  of  a  general  nature,  it  is  then  the 
duty  of  the  Legislature  to  look  beyond  the  citizens  petiti,oning,  and  com- 
prehend within  the  scope  of  their  vision  the  interest  of  the  great  mass, 
and  deliberate  long  and  carefully  how  the  change  may  affect  that  mass. 
The  greatest  good  of  the  greatest  number  is  especially  to  be  regarded. 
The  rights  of  individuals  also,  who  may  have  undertaken  enterprises,  and 
expended  n^oney  in  faith  of  an  existing  law,  and  under  its  promises  and 
inducements,  should  experience  the  protecting  care  of  a  just  Legislature; 
and,  if  finally  required  to  yield  for  the  public  good,  the  case  must  be 
strong  and  palpable  in  which  the  surrender  will  be  demanded. 

These  considerations  led  the  undersigned  to  a  particular  examination 
of  the  objects  sought  to  be  attained  by  the  petitioners — the  points  of 
difference  between  him  and  the  majority  of  the  committee,  with  whom 
he  regrets  to  differ — and  how,  in  his  opinion,  the  great  interests  of  the 
State  will  be  affected  injuriously  by  granting  their  prayer. 

It  is  known  to  all  conversant  with  the  proceedings  of  the  last  General 
Assembly,  that  there  were  many  conflicting  interests  involved  in  the 
creation  of  the  present  system  of  internal  improvements,  all  of  which 
could  not  receive  the  favorable  regard  of  that  body.  Some  had  to  be 
passed  over,  others  postponed,  and  some  made  prominent  by  receiving  the 
most  fovorable  regard  of  the  Legislature  after  a  full,  fair,  and  impartial 
examination  of  them  all. 

Among  the  interests  supposed  to  be  the  most  concerned,  were  those 
existing  on  either  side  of  the  route  of  the  Central  railroad.     A  tier  of 


counties  through  which  the  petitioners  now  propose  to  pass  this  raih'oad — 
their  centres  lying  from  ten  to  fourteen  miles  east  of  the  meridian — 
presented  their  claims  through  their  attentive  representatives;  whilst  the 
tier  west  of  that  line  were  equally  zealous  in  asserting  theirs  to  be  the 
route  most  proper  for  the  road  to  occupy.  They  were  all  heard — their 
claims  duly  considered,  the  great  interests  of  the  State  at  large  consulted, 
arid  a  determination  made  by  law  that  this  great  artery  of  the  system 
should  commence  at  "Cairo  city,"  and  be  constructed  on  the  most  direct 
and  eligible  route  between  that  point  and  Vandalia.  The  site  of  Cairo 
city  is  in  township  seventeen  south,  range  one,  westot  the  third  principal 
meridian ;  and  Vandalia  in  township  six  north,  range  one,  east  of  the 
same  line ;  consequently,  the  mosi  direct  route  would  exhibit  but  little  di- 
vergence either  way  from  that  line.  The  report  of  the  Board  of  Public 
Works  shows  that  an  "eligible  route"  has  been  obtained  between  these 
points,  the  whole  distance  of  which  is  155  miles. 

Having  no  data  to  determine  accurately  the  length  of  the  line  as  pro- 
posed to  be  located  by  the  petitioners,  the  undersigned  can  only  approxi- 
mate to  it  from  a  general  knowledge  of  the  face  of  the  country,  which  is 
hilly  and  occupied  by  many  steep  ridges  and  abrupt  ravines,  and  the 
distances  between  the  several  towns  specified  in  the  petition,  as  deter- 
mined by  the  map.  From  these  items  of  information,  he  believes  a  line 
cannot  be  had  to  pass  the  points  indicated,  of  a  shorter  length  than  165 
miles,  making  a  difference  in  expense  of  at  least  $80,000,  in  distance 
alone ;  nor  can  the  road  be  constructed  at  the  same  price,  for  the  reason 
that  the  deep  ravines  and  high  ridges  at  the  head  of  the  South  branch  of 
Saline  river,  together  with  those  at  the  heads  of  the  several  branches  of 
Muddy  river,  would  require  a  great  outlay,  if  passed  by  a  direct  line ; 
or,  if  carried  by  a  circuitous  route,  the  cost  of  construction  would  be 
equally  enhanced.  Besides  all,  by  pursuing  that  route  the  most  direct 
line,  as  required  by  law,  is  not  obtained,  Cairo  city  being  nearly  on  the 
meridian,  Vandalia  two  miles  east  of  it,  and  Vienna,  Frankfort,  and 
Mount  Vernon  each  fourteen  miles  east,  and  Salem  about  ten.  It  will  be 
observ'ed,  also,  that  all  the  counties  named  in  the  petition  are  abundantly 
provided  with  facilities  for  transportation.  Johnson,  besides  being  washed 
by  the  Ohio,  and  having  a  coast  on  that  stream  throughout  the  whole 
extent  of  its  southern  border,  has  received  from  the  State,  for  common 
roads  and  bridges,  more  than  $5,000;  Frankfort  brought  into  immediate 
contact  with  that  river  by  the  Alton  and  Shawneetown  road  passing 
through  it;  Mount  Vernon  within  twelve  miles  of  the  Central  railroad  as 
now  located;  and  Marion  penetrated  by  the  Alton  and  Mount  Carmel 
railroad,  and  by  the  Great  Western  mail  route,  both  of  which  cross 
the  Central  railroad  withhi  twelve  miles  of  Salem,  its  "commercial 
centre." 

It  was  designed  by  the  Legislature,  upon  a  principle  of  compromise, 
that  no  points  should  be  named  between  Vandalia  and  Cairo  city,  leaving 
it  entirely  to  sworn  engineers,  under  the  direction  of  an  honest  public 
officer,  to  select  the  most  direct  and  eligible  route.  This  route  has  been 
selected;  purchases,  at  high  prices,  for  farms  have  been  made  upon  it, 
with  an  eye  to  the  increased  advantages  that  would  flow  to  them  from 
the  construction  of  the  road ;  while,  on  the  other  hand,   no   investments 


10 

can  have  been  made  in  either  of  the  counties  named,  from  the  same  con- 
sideration, the  law  nowhere  encouraging  the  idea  that  a  direct  and  eligible 
route  would  be  changed  forgone  less  so.  No  inducements  have  been  held 
forth,  b)?^  law,  to  any  one  of  their  citizens,  no  promises  made,  no  guaran- 
ties given,  that  they  should  be  any  more  benefitted  by  the  system  than  is 
expressed  in  the  law. 

It  is  true,  as  asserted  by  the  majority  of  the  committee,  that  on  other 
lines  of  road,  and  north  of  Vandalia  on  the  Central  road,  points  of 
divergence  have  been  established  by  law.  Would  they  consider  it  just 
that  those  points  should  now  be  changed  for  no  other  reason  than  that 
^a  rival  point  or  antagonist  interest  desires  it?  Would  not  all  who  have 
relied  upon  the  law  fixing  those  points  have  just  reason  to  complain  of 
violated  faith;  and  would  not  that  reputation  we  have  always  enjoyed, 
even  in  the  most  disastrous  times,  for  our  high  sense  of  honor,  be  justly 
tarnished?  Do  the  majority  of  the  committee  believe  that  the  owners  of 
property  at  any  one  of  the  points  indicated  in  the  act  establishing  the 
internal  improvement  system,  on  the  routes  of  the  several  roads,  would 
consent  to  ^'•bird  lines'''  from  one  terminus  to  the  other,  or  that  they 
would  have  advocated  and  sustained  the  system,  with  such  a  provision  in 
the  law?  They  cannot,  nor  can  the  undersigned,  believe  it;  nor  can  he 
perceive  any  difference  in  principle,  so  far  as  results  are  concerned,  between 
making  a  direct  line,  as  the  Central  road  is  south  of  Vandalia,  a  circui- 
tous one,  in  the  manner  proposed  by  the  petitioners,  and  making  more 
direct  other  roads  which  have  points  of  divergence  established  by  law. 
Disappointment,  disorder,  a  want  of  confidence,  and  great  losses  in  either 
case  would  be  the  inevitable  result.  The  State  has  already  expended 
near  $40,000,  and  made  contracts  binding  on  the  State,  according  to  the 
report  of  the  Commissioner  of  the  third  judicial  circuit,  (which  the  under- 
signed has  been  permitted  to  examine,)  amounting  to  $237,794,  or  there- 
abouts, for  work  doing  and  to  be  done  at  Cairo  city,  and  on  the  first 
twenty-three  miles  of  road.  These  sums  amount,  in  the  aggregate,  to 
f  277,794.  The  same  report  informs  the  undersigned  that  a  large  force 
has  been  employed  during  the  summer  and  fall,  and  is  now  employed,  in 
performing  the  work  on  that  part  of  the  road,  much  to  the  satisfaction  of 
the  Commissioner  and  engineers,  and  is  prosecuting  it  with  all  fidelity 
and  despatch  under  efficient  contractors.  These  persons  have  acquired  a 
right  to  their  contracts  amounting  to  the  aggregate  sum  above  stated,  and 
could  justly  complain  of  the  State  for  any  violation  of  them.  It  is  not  to 
be  supposed,  with  a  knowledge  of  these  facts,  that  a  Legislature,  actuated 
by  principles  of  justice,  would  do  any  act  which  would  give  to  any  of  its 
citizens  occasion  to  complain  of  it  as  having  violated  their  rights  and 
destroyed  contracts  entered  into  in  good  faith,  and  in  a  rapid  course  of 
completion.  Further  than  this,  the  Commissioner,  as  appears  by  the 
same  report,  has  obtained,  on  favorable  terms,  ten  acres  of  land  in  the 
city  tract  for  a  depot  for  State  use,  the  title  to  which  is  vested  in  the 
State.  This  land  the  undersigned  believes,  if  the  designs  of  the  company 
who  own  the  city  shall  be  carried  into  effect,  as  declared  ni  their  prospec- 
tus lately  published  in  the  "State  Register,"  will,  in  the  opinion  of  the 
undersigned,  be  worth  to  the  State,  at  a  reasonable  estimate,  !ii;200,000. 
This  will  also  be  lost  should  the  State  abandon  their  pledge.     But  the 


11 

majority  of  the  committee  insist  that  the  site  selected  is  not  a  proper  one 
for  a  commercial  mart.  If  so,  then  the  land  there  owned  by  the  State 
will  be  worth  nothing.  They  quote  a  part  of  the  report  of  the  engineer 
of  the  road,  expressing  his  apprehension  that  the  ravages  of  the  Missis- 
sippi will  extend  to  the  embankments  of  the  road.  The  undersigned  will 
refes  to  other  parts  of  the  same  report  on  this  subject.,  He  says:  "The 
law  having  confined  the  point  of  starting  at  Cairo  city,  there  was  but 
little  range  in  the  selection  of  a  site  for  the  depot.  Several  causes  opera- 
ted in  the  selection  of  the  present  site.  Its  position  is  on  the  Ohio  river, 
about  three-fourths  of  a  mile  above  its  mouth.  The  river  bank  at  this 
point  is  the  highest  of  any  throughout  the  extent  of  the  city  front.  Its 
vicinity  to  the  mouth  will  diminish  materially  the  inconvenience  in  touch- 
ing at  the  port  for  vessels  engaged  in  the  Mississippi  trade;  whilst  the 
gentleness  of  the  current,  and  the  unvarying  depth  of  the  water,  at  once 
makes  it  as  good  a  harbor  as  can  be  desired.  The  Mississippi,  on  the 
contrary,  from  its  impetuosity  and  the  variableness  of  its  channel,  renders 
the  permanency  of  a  good  harbor  and  landing  very  uncertain.  It  will, 
however,  be  a  matter  of  future  consideration  whether  a  depot  and  landing 
place  should  not  be  constructed  on  the  Mississippi  bank,  to  be  used  when 
the  stage  of  water  will  permit. 

"The  reiteration  of  statements  extremely  disadvantageous  to  the  posi- 
tion of  the  point  required  by  law  to  be  selected  for  this  depot — vague  and 
uncertain  to  some  extent  as  they  are,  and  originating  perhaps  in  antago- 
nistical  interest — although  discredited  by  me,  has  had  the  effect  to  cause 
a  very  careful  examination  of  the  whole  point.  The  result  has  been  a 
thorough  conviction  that  the  State  incurs  no  risk  in  completing  her  works. 
The  earth  is  firm  and  dry,  and  fully  capable  of  sustaining  the  weight  of 
any  mass  of  buildings  which  could  be  crowded  thereon.  During  the 
highest  water,  there  is  very  Httle  current  out  of  the  channel  of  the  river; 
and  as  the  grade  line  is  established  at  such  elevation  that  it  cannot  be 
overtopped,  there  is  no  danger  to  be  apprehended  of  the  destruction  of 
the  embankment.  There  is  but  one  source  of  danger — it  is  from  the 
ravages  of  the  Mississippi  upon  its  banks,  threatening  to  extend  its  in- 
roads as  far  as  the  embankments.  That  the  bank  has  wasted  to  some 
extent  is  certain,  but  the  river  now  shows  a  disposition  to  remain  station- 
ary; and  this,  in  that  river,  is  generally  followed  by  recession.  In  thfe 
event,  however,  of  the  wasting  continuing,  I  am  assured  by  Mr.  D.  B. 
Holbrook,  the  person  most  concerned  in  Cairo  city,  that  immediate  steps 
will  be  taken  to  curb  it ;  and  the  successful  result  of  proper  measures  to 
effect  this  will  not  admit  of  doubt." 

The  same  engineer,  further  on  in  his  report,  uses  this  language:  "The 
termination  of  the  Central  railroad  is  the  most  remarkable  point  in  the 
west.  It  is  undeniably  the  head  of  low-water  navigation  for  vessels  of 
large  size.  A  series  of  shoals  or  bars  commencing  at  Cache  island,  and 
extending  at  short  intervals  entirely  up  the  Ohio  river,  prevents  its  navi- 
gation for  long  periods,  at  a  time  when  the  growing  commerce  of  the 
west  requires  it  should  be  in  the  best  order.  This,  in  future,  will  cause  a 
selection  of  that  route  for  transportation  which  can  be  confided  in.  The 
Mississippi  always  supplies  that  route  to  the  mouth  of  the  Ohio;  and  from 
thence  advantage  can  be  taken  of  our  internal  im  provements  for  conveyance 


12 

to  the  interior,  or  the  smaller  boats  can  freight  from  thence  for  the 
upper  rivers.  The  present  situation  of  our  commerce  is  too  plainly 
seen,  and  too  sensibly  felt,  to  again  admit  of  confidence  in  the  Ohio  and 
Mississippi  rivers  above  their  confluence.  For  the  shipment  of  produce, 
this  place  has  the  advantage  of  any  point  above.  The  river  below  is 
seldom  obstructed,  when  all  the  rivers  above  are  too  low  for  navigation,^ 
or  blocked  up  with  ice.  From  all  these  advantages,  the  interest  is  appa- 
rent which  the  State  has  in  the  proper  ordering  of  this  important  point." 

The  undersigned  has  extracted  largely  from  the  report  of  the  chief  en- 
gineer, for  the  purpose  of  destroying  any  erroneous  impressions  that  may 
have  been  received  from  other  quarters  in  regard  to  the  importance  of 
this  site.  He  trusts  that  his  opinions  will  be  satisfactory  and  conclusive. 
In  addition  to  them,  the  undersigned  has  seen  and  read  the  concluding 
remarks  of  other  engineers  employed  to  examine  and  report  upon  the 
capabilities  of  this  same  site  for  improvement.  These  engineers  are  the 
celebrated  William  Strickland  and  Richard  C.  Wright,  of  Pennsylvania. 
They  say:  "In  conclusion,  we  cannot  refrain  or  Avithhold  our  surprise  that 
any  doubts  should  have  been  entertained,  or  acted  upon,  with  reference 
to  the  practicability  of  erecting  a  city  at  the  confluence  of  these  great 
navigable  rivers.  Topographically  considered,  the  site  is  nearly  in  the 
centre  of  the  United  States.  The  textuie  and  solidity  of  the  banks  at 
the  point  are  as  firm  and  secure  as  any  other  positions  for  building,  be- 
tween it  and  the  rocky  formations  higher  up  the  streams.  It  is  the  ver}' 
threshold  of  the  most  fertile  regions  of  the  west,  surrounded  by  the  best 
timber  and  bituminous  coal;  and  from  the  construction  of  the  great  Cen- 
tral railroad,  and  the  immense  range  of  navigable  rivers  all  centring  at  this 
point,  it  must,  necessarily,  have  th^  exclusive  advantage  of  becoming  the 
great  entrepot  of  all  the  agricultural  and  mineral  wealth  of  this  great  em- 
pire of  industry  and  enterprise.  In  short,  there  is  not  in  any  quarter  of 
the  globe  a  situation  so  commanding,  and  replete  with  every  kind  of 
produce  and  material,  to  promote  the  prosperity  of  the  merchant,  the 
skill  of  the  mechanic,  and  the  growth  of  a  great  city." 

These  are  the  unbiassed  opinions  of  distinguished  and  disinterested  men,  on 
which  the  undersigned  reposes  with  confidence.  He  cannot,  with  all  the 
light  he  has  been  enabled  to  obtain,  believe  that  the  interest  of  the  State 
would,  in  any  one  particular,  be  promoted  by  granting  the  prayer  of  the 
petitioners. 

The  undersigned  would  not  consider  he  had  discharged  the  duties  his 
situation  imposes  upon  him,  did  he  close  this  report  without  adverting  to 
other  topics  having  a  direct  and  important  bearing,  upon  the  pecuniary 
interests  of  the  State,  as  connected  with  this  subject. 

In  addition  to  the  fact  that  contractors  who  have  made  engagements 
with  the  State  will,  in  the  event  of  any  change  being  made,  sue  for  and 
recover  damages,  great  delay  and  expense  will  be  caused  in  the  prosecu- 
tion of  the  works,  as  the  laborers  already  collected  will  disperse  to  seek 
employment  elsewhere.  Six  months,  or  nine,  will  be  consumed  in  making 
surveys,  attended  with  all  the  heavy  expenses  incident  to  that  branch  of 
the  service;  to  which  maybe  added  the  increased  expense  of  letting  new 
contracts,  which  are  by  no  means  light  or  inconsiderable- 


13 

On  ihe  route  as  now  located  the  right  of  way  has  already  been  obtain- 
ed, on  the  most  favorable  terms  to  the  State,  with  the  express  understand- 
ing that  the  road  should  jiass  over  the  land  released ;  in  faith  of  which  the 
timber  has  been  cut  off,  excavations  made,  and  other  destruction  of  prop- 
erty to  a  great  amount,  which  must  be  made  up  to  the  owners,  if  the  route 
is  abandoned,  in  money.  The  State  has  also  purchased  a  considerable 
quanty  of  land  on  the  present  line,  which  is  daily  increasing  in  value,  not 
only  suitable  for  town  sites,  stations,  and  depots,  but  which  contains 
beneath  its  surface  inexhaustible  beds  of  the  best  coal,  building  and  lime- 
stone, convenient  to  the  road,  and  which  must  become  lucrative  articles 
of  commerce;  the  value  of  all  which,  by  any  change,  will  be  materially 
lessened. 

All  of  which  is  respectfully  submitted. 

R.  G.  MURPHY,  of  said  committee. 


HE 


